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Guidance: Notices, restrictions and protection of third-party interests (PG19)

Land Registry

August 29
05:00 2023

Details

This guide gives advice about how to apply for a notice or a restriction to protect a third-party interest in a registered estate or charge. It explains the effect of existing register entries in respect of third party interests and explains what applications may be made in respect of existing entries. It is aimed at conveyancers and you should interpret references to you accordingly. HM Land Registry staff will also refer to it.

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How to avoid HM Land Registry requisitions: Restrictions

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Published 13 October 2003
Last updated 29 August 2023 +show all updates
  1. Clarification on complying with a Form LL restriction (section 3.1.5.8) a personal representative may be an executor or an administrator at the time of vesting.

  2. Section 6.26 has been amended to include guidance on how applications can be made for a non-standard restriction by the attorney named in a lasting power of attorney under the Mental Capacity Act 2005, as an attorney cannot apply for a standard Form RR restriction.

  3. Section 3.1.5.8 has been added giving guidance about how we proceed when we receive a deed signed by someone who is not the registered proprietor when there is a restriction in Form LL in the register.

  4. Section 3.1.5.7 has been added giving guidance about restrictions when we register a transfer of part.

  5. Section 6.17 has been amended to clarify our practice on how a vendors lien might be protected after the disposition has been registered.

  6. Section 3.9.2 has been updated as an application for cancellation may also be appropriate as well as a withdrawal of a restriction.

  7. Section 3.1.5 been updated to confirm that HM Land Registry will accept consents and certificates signed electronically by non-conveyancers as long as these documents are lodged by a conveyancer.

  8. Section 3.1.5.3 has been amended to clarify our practice on consents to reduce the number of requisitions on this point.

  9. A cross reference to other relevant guidance has been added to section 3.7.4.

  10. Section 3.1.6.7 has been amended to clarify how part B of panel 3 in form RXC must be completed by a conveyancer. Reminder added to section 3.5.1 that the words of application for a restriction must be included if applying in prescribed lease clause LR13. Section 3.5.1.1 has been added to make it clearer when restrictions must be applied for in form RX1.

  11. Contents headers have been added to help navigate the guide, together with some examples of standard and non-standard restrictions, plus an example of an acceptable certificate of compliance for a Form LL restriction. There is also a new sub-section at 3.4.2 entitled Things to consider before applying for a restriction and, by way of clarification, some sections have been revised to provide further explanations and reminders to try to avoid unnecessary requisitions and misconceived applications. Section 3.1.5.5 has been amended to remove reference to Chartered Legal Executive Conveyancing Practitioners as this title is not in

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